Vizor 360 TOS
Updated December 4, 2017
By signing up to the 'Vizor 360' service, as available at the https://vizor.io website and/or any applications made available to you by Vizor in connection therewith (the 'Service'), you (the 'Customer', 'You') will be bound by these Terms of Service and enter into an agreement (the 'Agreement') with Pixelface Oy (Business ID: 2678244-2), a company duly incorporated under the laws of Finland and having its principal place of business at c/o vizor.io, Fredrikinkatu 47, 00100 Helsinki, Finland ('Vizor', 'Us', 'We', or 'Our'). Vizor and the Customer are hereinafter individually referred to as the 'Party' and together as the 'Parties'.
finalising the sign-up process to the Service, You accept these Terms of Service in their entirety as part of the sign-up procedure. By clicking the 'Sign-up' button referring to these Terms of Service in the Service or by using or otherwise accessing the Service, the binding Agreement is formed between You and us, to which the terms set forth herein are applied. If You disagree with any part of these Terms of Service, You may not use or otherwise access the Service.
finalising the sign-up process, You hereby warrant to have the required authority to subscribe to the Service. In order to sign up for and/or use the Service, You need to be at least thirteen (13) years old.
1. Licence Grant and use of the Service
Subject to the Agreement and Your continuing compliance with these Terms of Service, We grant You a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service during the term of the Agreement for the purposes set out herein.
You may use the Service strictly for Your own non-commercial purposes. You agree not to use the Service for any other purpose. You shall not have the right to resell or offer the Service or Your user account or parts of it to third parties.
You agree to at all times use the Service fully in compliance and in accordance with these Terms of Service. We shall have the right to suspend the provision of the Service and/or terminate Your user account and/or the Agreement without any prior notice to
You, if We suspect that You use the Service in violation of these Terms of Service. We shall determine at Our sole discretion what conduct We consider to be in violation of these Terms of Service.
The Customer and the users of the Service are not permitted to do any of the following:
- Copy, modify, distribute, rent, sublicense, lease the Service or otherwise make it available to or grant access to third parties;
- Circumvent or try to circumvent any
usagecontrol or anti-copy functionalities of the Service;
- Reverse engineer or decompile the Service or access the source code thereof;
- Use the Service in violation of applicable laws and regulations;
- Use the Service for unauthorized, inappropriate or unethical purpose or activities. Such activities include without limitation activities related to drugs, alcohol or tobacco, weapons, hazardous materials, stolen items, hate items, pornography, mature content, human trafficking, unwanted email, comments, likes or other forms of harassing communications, spam, spying, phishing, soliciting or distributing personal information or other non-public information, bullying, stalking, impersonating or intimidating third parties and other similar activities;
- Use the Service to collect any information, including without limitation Content and Customer Data (as defined below),
ofother users of the Service;
- Use the Service in ways that violate Intellectual Property Rights (as defined below) or other rights of third parties; or
- Use the Service to transmit any worms, viruses, spyware, malware or software or programs of a destructive or disruptive nature.
2. Registration, sign-up
You represent and warrant that any and all information You provide to Vizor at any time (including without limitation when registering Your user account) will be true, accurate, current and complete, and You agree to update such information as necessary to maintain it conforms with the aforesaid. Failure to do so constitutes a breach of these Terms of Service, which may result in immediate termination of Your account in Our Service.
You are responsible for all data, including Content and Customer Data (as defined below), You enter into the Service and the validity and accuracy thereof.
3. Security and unauthorized use
You are responsible for ensuring that the username and password that You use to access the Service and for any activities or actions under Your password, is kept confidential and stored in a secure manner. You agree not to disclose Your password or share Your account to any third party. You shall not create multiple user accounts or user accounts for any other party than Yourself.
You must notify Us immediately if Your password has been illicitly used or third parties have gained knowledge of Your password or if You have become aware of any other breach of security or unauthorized use of Your account. You shall be liable for any use of the Service with Your username, whether or not authorized by You. You are responsible for anything that happens through Your user account, including any activities or omissions.
4. Content and usability of the Service
Vizor is in no way responsible or liable for any use of the Service by You or by any other party. The Service contains content and material posted by third parties, as well as links to third-party websites and services. Vizor does not actively
monitor, and is in no way liable for any such content, material or third-party websites or services. You use the Service solely at Your own risk. We advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Vizor shall have the right to remove at any time, for any reason and without any liability to You, any content You, another party acting on Your behalf or using Your user account generates in, uploads to, posts in or otherwise submits to the Service ("Content"), such Content to include without limitation any photos, videos, audio, text, comments, usernames, links
You understand that any Content You post or publish in the Service can be accessible to third parties, including parties that are not users of the Service, to other users of the Service and any other third parties at Your discretion. You may control the use and visibility of the Content by changing the settings of Your user account. You shall not post or publish any Content to other users of the Service or third parties You are not comfortable with sharing Content publicly. You may, however, control the use and visibility of certain Content by changing the settings of Your user account.
Vizor has, at its sole discretion, the right to change, modify or update the Service or any part thereof at any time without prior notice to any Customer. Vizor undertakes to use at its discretion reasonable efforts to inform You in advance of any material changes to the Service that may affect Your use of the Service in an adverse way. You are entitled to terminate the Agreement with Us in case You do
not not accept the changes.
We will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in interruptions. We also reserve the right to, periodically and at any time, modify or discontinue, temporarily or permanently, functions and features of the Service or the entire Service, with or without notice, all without liability to You for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand, agree, and accept that We have no obligation to maintain, support, upgrade, or update the Service, or to provide any specific content through the Service.
The Service is provided "as is" and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. We do not give any guarantees as to the usability or availability of the Service. The use and exploitation of anything generated by the Service is the sole responsibility of the Customer.
Vizor provides the Service free of charge. However, You understand and agree, that normal carrier data rates and fees are applicable when using the Service. The Service may contain advertising, and by using the Service, You agree to that Vizor and third parties may display advertisements or other marketing in connection with the Service. You are responsible for any devices, systems, applications, connections
and software You use in connection with the Service including but not limited to their functionality and interoperability with the Service and suitability for any purpose. You are responsible for ensuring that Your devices, systems, applications, connections, Customer Data and Content uploaded to the Service do not cause any disruption or harm to the Service, Vizor or to any third parties. You are responsible for the protection of Your data, data communications and data systems.
5. Customer Data and processing of Customer Data
In connection with the use of the Service, You or another party acting on Your behalf or using Your account, may enter various data to the Service, including without limitation any photos, videos, audio, text, comments, usernames, contact details, personal data, links and files ("Customer Data").
The Intellectual Property Rights (as defined in the following Section) and the title to the Customer Data shall not transfer to Vizor and the Customer shall have the sole responsibility for the legality, reliability, integrity, accuracy
and quality of the Customer Data. You hereby grant Us and Our subcontractors a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully paid-up, transferable and sub-licensable license to use, transfer and modify the Customer Data and Content in any way for the purpose of providing the Service (e.g. developing the Service) as well as for the purpose of analysing the use of the Service. We shall also have the right to generate anonymous usage and other data from and by using the Customer Data and/or Content. In the event that You provide Us with any feedback regarding the Service (including without limitation, any information on flaws, errors, bugs, anomalies, problems with and/or suggestions for the Service), You hereby assign Us all rights in such feedback, including but not limited to, the right to use such feedback and related information in any manner Vizor deems appropriate. You represent and warrant that You have the right to grant the above-mentioned licenses to the Customer Data and Content to Vizor. The above-mentioned licenses shall survive the termination of the Agreement.
The Customer shall be responsible for that the Customer possesses the necessary rights and permissions to upload, post, publish, transfer or otherwise submit Customer Data to the Service and/or Vizor so that Vizor may lawfully process, use and transfer the Customer Data and Content for the purposes of this Agreement on behalf of the Customer. The Customer represents and warrants that the Customer Data and Content or any use thereof does not violate any third party Intellectual Property Rights, privacy rights or other rights. The Customer is solely responsible for any Customer Data it uploads, posts, publishes, transfers or otherwise submits to the Service or otherwise provides Vizor and the Content.
The Customer shall ensure that all relevant third parties, including photographed persons, have been informed of the processing of personal data according to this Agreement, and if necessary such parties have given their consent to processing the personal data in accordance with this
Agreement, if this is required by applicable data protection legislation.
6. Intellectual Property Rights
The Agreement does not assign or license any Intellectual Property Rights of Vizor to the Customer. "Intellectual Property Rights" shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks,
tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights (including all rights to apply for registration) in any jurisdiction.
All Intellectual Property Rights, other rights, title and interest in or related to the Service and any content posted by Vizor to the Service are the sole and exclusive property of Vizor or licensors of us, including but not limited to source- and other codes, instructions, documents, content, information, processes and all other materials related to the Service.
The Customer agrees not to use the name or logo "Vizor" without the prior written permission of Vizor. The Customer may not attempt to reverse engineer, de-encrypt or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Service.
In the event any claims are made by a third party against Vizor based on the infringement
by Your Customer Data or Content of applicable laws and/or third party Intellectual Property Rights, You agree, at Your expense, to defend and hold Vizor harmless against any and all such claims and to reimburse Vizor any damages or other expenses (including attorneys' fees) incurred by Vizor due to such infringement. You undertake to pay any damages, costs and expenses caused to Vizor by any such third party claim as well as any damages awarded to a third-party claimant by a competent court of law or court of arbitration due to a reason attributable to such Customer Data or Content.
The Service does not include and Vizor shall not be responsible for any retention or storage of Your Customer Data, Content or any other data for Your purposes. You are solely responsible for taking and maintaining appropriate
back-up copies of any of Your Content and data as well as ensuring its functionality. Vizor shall not be held responsible for any loss, destruction or alteration of Your data or other Content or the related costs and damages that may result, for instance, from the recreation of files.
To the maximum extent permitted by law, Vizor shall not be liable to You for any direct or indirect, incidental, consequential or other similar damages arising out of or relating in any way to Your Agreement with Vizor, these Terms of Service or the Service, including without limitation Your access or use of the Service. You acknowledge and agree that Your sole remedy (and Vizor's exclusive liability) shall be to stop using the Service and to terminate Your user account.
The Agreement will continue to apply to You until terminated by either You or Us. However, You acknowledge and agree that the perpetual
licences granted by You in relation to Customer Data and Content (including anonymous usage data and feedback) is irrevocable and will therefore continue after the expiry or termination of the Agreement. We may terminate the Agreement or suspend Your access to the Service at any time, without prior notice or liability, including without limitation in the event of Your actual or suspected unauthorised use of the Service or non-compliance with these Terms of Service.
You may terminate Your user account and the Agreement at any time. You may terminate the Agreement and Your user account by logging into Your user account and completing the procedure for terminating Your user account.
Upon termination of this Agreement, Your right to use the Service will immediately cease and You shall immediately discontinue using the Service. Neither Customer Data or Content will no longer be accessible through Your user
account, but may persist in the Service. In addition, copies of such Customer Data and Content may persist in back-up copies of the Service. Vizor has no obligation to maintain Customer Data or Content following termination of the Agreement.
All provisions of these Terms of Service which by their nature reasonably should survive termination or other expiration of the Agreement shall survive any expiration or termination of the Agreement, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting the amended terms on Vizor's website at https://vizor.io or in the Service. If a revision is
material We will use Our best efforts to provide 30 days' notice prior to any new terms taking effect by posting a notice on Vizor's website or in the Service or by notifying You by email or otherwise. What constitutes a material change will be determined at Our sole discretion.
You will be deemed to have accepted such changes by continuing to use or otherwise access the Service. If at any point You do not agree to any portion of the then-current version of Our Terms of Service, Your license to use the Service shall immediately terminate, and You must immediately stop using the Service.
We may notify You via postings on https://vizor.io, in the Service, via email or any other communications means to contact information You have provided to Us. All notices given by You or required from You under these Terms of Service shall be in writing and addressed to firstname.lastname@example.org. Any notices that You provide without compliance with this Section on Notices shall have no legal effect.
11. Force Majeure
Vizor shall not be liable for delay or damage caused by an impediment beyond Vizor's control and which Vizor could not have reasonably taken into account at the time of conclusion of this Agreement and whose consequences Vizor could not reasonably have avoided or overcome. Such force majeure events shall include, inter alia, war or insurrection, earthquake, flood or other similar natural catastrophe, interruptions in general traffic, data communication or supply of electricity, import or export embargo, strike, lockout, boycott or other similar industrial action.
12. General provisions
These Terms of Service constitute the entire agreement between You and Vizor regarding the Service, and supersede and replace all prior agreements, proposals, oral or written, all previous negotiations, and all other communications between You and Vizor with respect to the subject matter of these Terms of Service.
No failure to exercise, nor any delay in exercising, by Vizor, of any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further exercise thereof or the exercise of any other right or remedy.
If any provision of these Terms of Service is declared by any judicial or other competent authority to be void, illegal or otherwise unenforceable, the remaining provisions of these Terms of Service shall remain in full force and effect.
Vizor shall be entitled to assign these Terms of Service, in whole or in part, to an affiliate or successor, or to a purchaser or acquirer of Vizor's business assets due to a transfer or sale of Vizor's business without Your consent. You shall not be entitled to assign any rights or obligations under the Terms of Service to a third party.
13. Governing Law and dispute resolution
This Agreement shall be governed and construed in accordance with the laws of Finland, without regard to its conflict of law provisions.
Any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach, termination or validity thereof, shall be resolved by Finnish courts, with the Helsinki District Court as